James v. Burchell

Citations

• 7 Daly 531

Syllabus

<p>Where the plaintiff covenanted that she was seized in fee simple in her own right of certain land, and would convey the same to the defendant, free and clear of all incumbrances, and by a deed with full covenants, and the defendant by the same instrument covenanted to purchase the land at a fixed price, and to erect certain buildings thereon,—Held, that these covenants were mutual and dependent, and that the plaintiff having deeded the land to a third person, this was such a breach of the covenants on her part as justified the defendant in refusing to perform those on his part.</p>